How Much Cocaine Is a Misdemeanor in California?
How Much Cocaine Can You Possess Before It Becomes a Felony in California?
In California, possessing a small amount of cocaine for personal use is generally charged as a misdemeanor under Health and Safety Code 11350(a). However, the amount of cocaine, the circumstances of the arrest, and a person’s criminal history can all affect whether the charge remains a misdemeanor or escalates to a felony.
When Is Cocaine Possession Charged as a Misdemeanor in California?
Under Proposition 47, passed in 2014, simple possession of cocaine for personal use is charged as a misdemeanor in most cases. This applies if:
- The amount of cocaine is for personal use (typically less than a gram or two)
- The defendant does not have a serious prior conviction, such as certain violent felonies or sex offenses
A misdemeanor possession conviction carries penalties of:
- Up to one year in county jail
- Fines up to $1,000
- Probation, drug treatment, or diversion programs (in some cases, charges can be dismissed upon successful completion)
When Can Cocaine Possession Be a Felony?
- The defendant has certain prior serious convictions, including murder, rape, or violent felonies under California’s Three Strikes Law
- The amount of cocaine is large enough to suggest intent to sell rather than personal use
- The defendant was caught in a restricted area, such as near a school or playground
A felony possession charge can lead to:
- Up to three years in county jail
- Higher fines
- Mandatory drug treatment programs
Possession for Sale vs. Simple Possession
If police believe that the amount of cocaine in possession is too large for personal use or that there is evidence of drug dealing—such as packaging materials, scales, large amounts of cash, or communications suggesting sales—the charge could be elevated to possession for sale under Health and Safety Code 11351.
Possession for sale is always a felony and carries:
- Two to four years in county jail
- Fines up to $20,000
- No eligibility for drug diversion programs
Can You Avoid Jail for a Cocaine Possession Misdemeanor?
Yes, it is possible to avoid jail for a misdemeanor cocaine possession charge, especially for first-time offenders. California offers drug diversion programs, such as Penal Code 1000 pretrial diversion and Proposition 36, which focus on rehabilitation rather than punishment. These programs allow eligible individuals to complete drug treatment instead of serving jail time. If the program is successfully completed, the charges can be dismissed, preventing a permanent criminal record. However, eligibility depends on the circumstances of the case, including prior criminal history and whether the offense involved simple possession rather than intent to sell.
What to Do If You’re Charged with Cocaine Possession
If you’ve been arrested for cocaine possession, do not plead guilty without speaking to a criminal defense lawyer. A skilled attorney may be able to:
- Get charges reduced or dismissed
- Argue for drug diversion instead of jail
- Challenge the legality of the search and seizure (if police violated your rights)
Contact a Los Angeles Criminal Defense Attorney for Cocaine Possession Charges
A cocaine possession charge, even as a misdemeanor, can have lasting consequences on your record, employment, and future opportunities. A conviction could result in jail time, fines, and a permanent criminal record that affects housing, professional licenses, and more. However, many first-time offenders may qualify for diversion programs that can lead to case dismissal.
With over 20 years of experience, Attorney Hashemi has successfully defended clients facing drug charges in Los Angeles. Our firm will assess your case, challenge the prosecution’s evidence, and fight for the best possible outcome—whether through dismissal, reduced charges, or alternative sentencing. Contact us today for a free, confidential consultation to discuss your legal options.
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